Malkiat Singh & Anr vs Joginder Singh & Ors on 2 December, 1997
The court relied on mainly the decision in Malkiat Singh and Anr. v. Joginder Singh and Ors. . In that case, appellants were tried for the murder of one Harpal Singh and they were convicted and sentenced to undergo imprisonment for life by the Sessions Court. Respondent filed a suit in the court of Sub Judge for Rs. One lakh for deprivation of the income to the family members which they used to get from the deceased Harpal Singh. The claim was contested by the appellants. They filed written statement and engaged a counsel. Two witnesses were examined and cross-examined. Thereafter, counsel for the appellant submitted that he has no instructions and ex parte decree was consequently passed. The court observed that on the facts of the case, appellants were neither careless nor negligent as their counsel did not inform them the date of posting and further noticed that after counsel reported no instructions, the court did not issue fresh notice and, therefore, they have got a sufficient cause on the facts of the case to set aside the ex parte decree. The ex parte decree was set aside as sufficient reasons for their absence was established as provided under Order IX Rule 13.